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40. In a jurisdiction that follows the common law definition of crimes, which is the most serious crime of which the driver can properly be convicted?
A driver was stopped in traffic when he noticed a bicyclist riding quickly between the lanes of cars. To deter the bicyclist from continuing such dangerous behavior, the driver opened his car door as the bicyclist neared. The bicyclist, unable to stop, hit the door and fell, sustaining serious injuries.
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A is incorrect. The driver is not guilty of attempted murder because the facts do not suggest that he intended to kill the bicyclist.
B is incorrect. The driver is not guilty of attempted voluntary manslaughter because the facts do not suggest that he intended to kill the bicyclist. The driver cannot be guilty of attempted involuntary manslaughter because, at common law, that crime did not exist.
D is incorrect. The question calls for the most serious crime of which the driver can be convicted. At common law, assault required only placing another person in fear of imminent harm. Here, the driver committed the greater offense of engaging in physical contact.